All notes for Subtopic 1000.02093 – No-Strike Clause
|Decision||Description||PERC Vol.||PERC Index||Date|
|2418M|| Fresno County In-Home Supportive Services Public Authority|
1000.02093: SCOPE OF REPRESENTATION; No-Strike ClauseAlthough a no strikes clause is a mandatory subject of bargaining, it also affects statutory rights of employees and employee organizations. While an employer may insist to impasse on a proposal to limit or waive the right to strike, it may not unilaterally impose a waiver of the right to strike, even after bargaining in good faith to impasse. more or view all topics or full text.
|1997S|| State of California (Departments of Veterans Affairs and Personnel Administration)|
1000.02093: SCOPE OF REPRESENTATION; No-Strike ClauseThe parties’ expired MOU contained a no-strike provision. While the Board found that SEIU may have: (1) “condoned” the sick-out; (2) failed to provide notice to union staff of the no-strike provisions of the MOU; and (3) failed to provide sufficient encouragement for “sick” employees to return to work, the Board found that such did not constitute a unilateral change by SEIU of the no-strike provision. The Board did not find that SEIU implemented a new policy, breached the provision in the past or would do so in the future, or that the breach had a generalized effect upon bargaining unit members. more or view all topics or full text.